Daniel Powell

Zaiwalla & Co acts for Dr Sali Berisha, former Prime Minister of Albania and leader of the opposition, in a landmark challenge before the Special Immigration Appeals Commission concerning the UK Government’s decision to exclude him from entering the United Kingdom on grounds of alleged criminality and corruption. The case represents the first known challenge to the exclusion of a senior political figure from a friendly foreign state.

The proceedings raise fundamental questions regarding the lawfulness and proportionality of executive exclusion powers, the reliance on intelligence evidence in closed material procedures and the extent to which allegations may justify interference with an individual’s rights absent conviction. The challenge also addresses issues of procedural fairness, rationality and diplomatic considerations.

The outcome is expected to clarify the scope of ministerial discretion in matters engaging national security, foreign policy and public law principles.